Montgomery v. Hernandez
ERROR to the Supreme Court of Louisiana. Feb. 24th.
THIS cause was argued by Mr. D. B. Ogden for the plaintiff in error, and by Mr. Key for the defendants in error. [a] Feb. 23th.
Mr. Justice TRIMBLE delivered the opinion of the Court.
^a He cited Pothier des Obligations, No. 645. De Prescription, No. 22, 23. 3 Cranch, 91, 92. law which prevails in Louisiana, the respondent, Montgomery, put in his answer, admitting the execution of the bond, but insisting, that as the bond was executed to the United States, and the defendants in error no parties to it, they had no right or interest in the bond, and could not sue for a breach of the condition thereof; and denying the breaches alleged in the petition. By a supplemental answer, in the nature of a plea of the act of limitations, Montgomery alleged, if any breach had taken place, that more than six years had intervened since the cause of action, before the institution of the suit.